Case Details

Citation(s)
1987 SLG 1164 1987 SLD 1164 1987 PLC 450
Service Tribunal (AJ&K)
Service Appeal No. 279, decided on 29th July, 1986.
MUHAMMAD SIDDIQUE FAROOQI, CHAIRMAN AND KHAWAJA ABDUS SAMAD, MEMBER

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Agha GHULAM HUSSAIN

VS

AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR

Law:

Section:

1987 P L C (C. S.) 450 [Service Tribunal Azad Jammu and Kashmir] Present: Muhammad Siddique Farooqi, Chairman and Khawaja Abdus Samad, Member Agha GHULAM HUSSAIN versus AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR Service Appeal No. 279, decided on 29th July, 1986. Azad Jammu and Kashmir Civil Servants Act, 1976-­ ---S. 12(ii)--Retirement from service--Civil servant challenging order of his retirement, on ground that he was a servant of Government of Pakistan and was on deputation with Government of Azad Jammu and Kashmir which had no authority to retire him--Notifications produced showing that appellant's services were transferred alongwith his post without any condition and there was no indication that he was on deputation with Government of Azad Jammu and Kashmir on behalf of Government of Pakistan or transfer of his services was conditional or he retained any lien with Government of Pakistan--Appellant continued in service with Azad Government for about nine years--Civil servant by his conduct accepted services with Azad Government and correspondence between two Governments revealing that Government of Pakistan agreed to contribute proportionate share towards pension of appellant to Government of Azad Jammu and Kashmir and that officials including appellant, who were transferred to Azad Government, accepted job with Azad Government and were servants of that Government for all practical purposes, subject to laws of that Government-Government of Pakistan ceased to have any connection with affairs of such employees after date of their transfer to Government of Jammu and Kashmir-­Contention of appellant that Government of Azad Jammu and Kashmir had no power to pass order of his retirement, held, was without any substance and repelled in circumstances. Khawaja Muhammad Saeed for Appellant. Khawaja Shahad Ahmad for Respondent. JUDGMENT MUHAMMAD SIDDIQUE FAROOQI (CHAIRMAN).--This appeal has been brought against the order of the Government, passed vide No.1395-1403, dated 7-6-1984, whereby the appellant was retired from the service, under provisions of section 12(ii) of Civil Servants Act, 1976. The appellant also challenged order, dated 5-6-1985, whereby his…
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